Effective January 28, 2004
Welcome to TheNewsTribune.com and its affiliated sites (collectively referred to as "TheNewsTribune.com"), a news, information and communication service available on the Internet's World Wide Web. The service combines much of The News Tribune newspaper with additional material available only on TheNewsTribune.com. Both The News Tribune and TheNewsTribune.com are parts of Tacoma News, Inc., a subsidiary of The McClatchy Company.
You must read, agree with and accept all of the terms and conditions contained in the User Agreement before you may become a member of TheNewsTribune.com. By registering as a member, and/or by accessing and using TheNewsTribune.com, you agree to this User Agreement.
From time to time, we may make changes to the User Agreement by posting the changes on the account management page and sending notice to the e-mail address you provide with registration. Such notice will provide a date upon which the changes will be effective. Should you object to any such modifications to the User Agreement or become dissatisfied with TheNewsTribune.com in any way, your only recourse is to immediately terminate your membership and discontinue use of TheNewsTribune.com. Otherwise, continuing to use the service after the effective date means that you agree to be bound by the changes.
Cost
There is no cost for using the basic services of TheNewsTribune.com. From time to time there may be premium content available via subscription or surcharge, and those areas will be clearly marked. Because this is an advertising-supported service, we encourage you to patronize the advertisers that help to make this service possible.
The News Tribune newspaper's electronic archives carry a fee of $1.95 per full-text article downloaded. Note that most news articles remain available free-of-charge for two weeks in a searchable archive.
Registration
Access to the majority of content, services and features on TheNewsTribune.com requires users to register and become members of TheNewsTribune.com. Member registration requires you to provide certain Personally Identifiable Information, such as your name, e-mail address, zip code, gender, and date of birth. Please see our Privacy Policy for information on TheNewsTribune.com's information gathering and how we intend to use and share any information we collect. If you become a member of TheNewsTribune.com, you accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access TheNewsTribune.com using your Member ID or account in whole or in part. TheNewsTribune.com reserves the right to terminate membership and deny access to the site to any person who violates this User Agreement.
Copyrights and trademarks
Material published on TheNewsTribune.com, including articles, photos, graphics, bulletin board postings, audio and video clips, and other content, is copyrighted by Tacoma News, Inc., or by other information providers who have licensed their content for use on TheNewsTribune.com. Additionally, the entire content of TheNewsTribune.com is also copyrighted as a collective work under the United States copyright laws; the owner of the collective work is Tacoma News, Inc.. You cannot reproduce, republish or redistribute material from The News Tribune, the Associated Press, the New York Times News Service, the Washington Post-Los Angeles Times News Service, Scripps Howard News Service, Newhouse News Service and other news services and syndicates in any way without the written consent of the copyright owner.
You may, however, electronically store a reasonable portion of TheNewsTribune.com content for your personal, non-commercial use by making a single electronic copy on your computer's hard drive, a single copy on a diskette or a single copy in printed form. You agree, however, that you will not store or archive a significant portion of the content or create a database using the content.
These rules also apply:
1. You will not in any way violate the intellectual property laws protecting the content accessible through TheNewsTribune.com. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of TheNewsTribune.com or others.
2. You will not reuse, republish or otherwise distribute the content or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment, without the express written permission of The News Tribune or a third-party copyright holder.
3. You will cooperate promptly and completely with any reasonable request by The News Tribune related to an investigation of infringement of copyright or other proprietary right.
To obtain permission to reuse or republish any material copyrighted by The News Tribune, please our library at 253-597-8629 or e-mail tntinfo@thenewstribune.com. The News Tribune cannot grant permission to reuse or republish material from other information providers, such as the Associated Press or New York Times News Service. Please contact them directly.
Member Content is any information you provide to us or other users in the registration process, in any public message area (including discussion forums) or through any e-mail feature. You are solely responsible for Member Content, and we act as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines set forth under Online Conduct below. TheNewsTribune.com reserves the right to remove any material that it believes may violate the User Agreement, or any copyright or third-party rights.
If you believe that TheNewsTribune.com or any user of TheNewsTribune.com has infringed your copyright in any material way, please notify our Copyright Agent and provide the following information:
1. An identification of the copyrighted work that you claim has been infringed.
2. An identification of the material on TheNewsTribune.com that you claim is infringing or is subject to infringing activity, with enough detail so that we can locate the material on our site.
3. Your name, address, telephone number and e-mail address.
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
5. A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
6. Your physical or electronic signature.
The Copyright Agent for TheNewsTribune.com is Karole Morgan-Prager, General Counsel, who can be reached at 2100 Q Street, Sacramento, CA 95816 , or at kmorgan-prager@mcclatchy.com or at 916-321-1828.
The News Tribune, TheNewsTribune.com and its logos are registered service marks or trademarks of Tacoma News, Inc..
Submissions
By submitting any Member Content to TheNewsTribune.com, you automatically grant The News Tribune and TheNewsTribune.com a nonexclusive, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way TheNewsTribune.com uses such content.
Online conduct
TheNewsTribune.com encourages a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user's right to use and enjoy TheNewsTribune.com is prohibited. TheNewsTribune.com reserves the right, but does not assume any obligation, to monitor your online conduct to enforce this User Agreement. Without limitation, TheNewsTribune.com reserves the right to suspend or terminate your access to and use of the site if, in our view, your conduct fails to meet any of the following guidelines:
a. Members shall not provide any information that is false, misleading or inaccurate.
b. Members shall not use any portion of TheNewsTribune.com for any unlawful purpose and will comply with all applicable domestic and international laws, statutes, ordinances and regulations.
c. Members shall not use any portion of TheNewsTribune.com for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. Only the owner or a representative designated by the owner may upload copyrighted material to TheNewsTribune.com.
d. Members shall not use any portion of TheNewsTribune.com for uploading, posting, emailing, transmitting or otherwise making available Member Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
e. Members shall not use any portion of TheNewsTribune.com for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
f. Members shall not attempt to interfere with any other person’s use of TheNewsTribune.com.
g. Members shall not misrepresent their identity nor impersonate any person.
h. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with The News Tribune.
i. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The News Tribune or TheNewsTribune.com in connection with TheNewsTribune.com website.
To register a complaint about another user's conduct, please send an e-mail message to webmaster@thenewstribune.com, or write to Customer Service, TheNewsTribune.com, P.O. Box 11,000, Tacoma, WA 98411.
Privacy rights
TheNewsTribune.com takes your personal privacy seriously. That is why we have adopted our Privacy Policy, which explains our position on information gathering and how we intend to use and share any information we collect. Your use of the TheNewsTribune.com website or our services signifies acknowledgement of and consent to the information practices in our Privacy Policy. Other services, advertisers and information providers that are accessible on TheNewsTribune.com are provided by third parties, and have their own policies about using personal information. You should contact these third parties directly for their policies.
You agree that TheNewsTribune.com may access and disclose information about you or your use of our service when we deem it necessary or appropriate to comply with the law, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights or property of TheNewsTribune.com or its affiliates. Such disclosure may include, without limitation, Personally Identifiable Information (name, e-mail address, etc.), your IP address, clickstream and traffic information and usage history. Our right to disclose any such information shall govern over any terms of our Privacy Policy.
International Users
You acknowledge and agree that due to the international dimension of our company we may use the data collected in the course of our relationship for the purposes identified in the Privacy Policy, for the purposes identified in our other communications with you, or to provide the information to other businesses and selected third parties which may be outside your resident jurisdiction. TheNewsTribune.com stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. In addition, such data may be stored on servers located in other jurisdictions. By providing us with your data, you consent to the transfer of such data. If you object to your information being transferred or used in this way please do not use our site or services.
Children's use of TheNewsTribune.com
TheNewsTribune.com is particularly concerned with providing a safe online environment for children. Children under age 13 are not allowed to become members of TheNewsTribune.com. For more information about how TheNewsTribune.com handles children’s privacy, please refer to our Privacy Policy.
Other services and information providers accessible through TheNewsTribune.com have their own policies about children's privacy, and you should contact them directly for their policies.
TheNewsTribune.com strongly recommends that parents supervise the use of the Internet by their children. A number of commercial products are available to help limit access to material on the Internet that you may consider harmful or inappropriate for your child.
Disclaimer
While TheNewsTribune.com strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does TheNewsTribune.com guarantee or warrant that any files available for downloading will be free of defects. Neither The News Tribune nor any of its information providers shall be liable in any way to you or the other parties for delays, inaccuracies, errors or omissions in the material published in TheNewsTribune.com.
While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of TheNewsTribune.com and the accuracy and completeness of any information is with the user of our service.
Likewise, TheNewsTribune.com does not warrant that our service will be uninterrupted or error-free. TheNewsTribune.com makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose any information published on the TheNewsTribune.com Web site or any products or services sold through the TheNewsTribune.com Web site.
Opinions, advice and all other information expressed on TheNewsTribune.com bulletin boards represent the individual's own views and not necessarily those of TheNewsTribune.com. TheNewsTribune.com does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized TheNewsTribune.com spokespersons. Experts, system operators and moderators on TheNewsTribune.com are not authorized spokespersons.
Any investment decisions or other actions that users take based on information available on TheNewsTribune.com should first be reviewed by a competent financial adviser or other professional.
THE TheNewsTribune.com SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).
In no event will TheNewsTribune.com be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use TheNewsTribune.com, or any information or services provided on TheNewsTribune.com, even if TheNewsTribune.com has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on TheNewsTribune.com.
Indemnification
You agree to indemnify, defend and hold TheNewsTribune.com harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney’s fees) based on or arising from any breach by you of your obligations under this User Agreement. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
Jurisdiction
This agreement between TheNewsTribune.com and its users will be governed and interpreted under the laws of the state of Washington. Pierce County District Court has jurisdiction in any dispute arising from this agreement. In the event that any provision of this agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
Arbitration
Any legal controversy or legal claim arising out of or relating to these User Agreement or TheNewsTribune.com, excluding legal action taken by The News Tribune to obtain an injunction relating to its intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tacoma, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any such controversy or claim shall be brought to arbitration within one year of the date of alleged injury, regardless of any statute of limitations.
Termination
Notwithstanding any provision of the User Agreement, we reserve the right, without notice and in our sole discretion, to terminate any or all of the TheNewsTribune.com service and/or your license to use the TheNewsTribune.com service, or to block or prevent future access to and use of TheNewsTribune.com.
Severability
If any provision of the User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions.
Offices
TheNewsTribune.com offices are located at The News Tribune, 1950 S. State St., Tacoma, WA 98405. (253) 552-7000.
Questions and comments
We hope you enjoy using TheNewsTribune.com. Questions and comments about the content of TheNewsTribune.com may be sent to the webmaster at webmaster@thenewstribune.com. We read all comments sent to us and try to respond to as many as possible.
Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider. TheNewsTribune.com cannot address questions except those specifically about content and services that we provide.
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